Petition for Waiver of Compliance, 34487-34488 [2020-12014]

Download as PDF Federal Register / Vol. 85, No. 108 / Thursday, June 4, 2020 / Notices DEPARTMENT OF TRANSPORTATION Authority: 23 U.S.C. 139, 23 CFR 771, and 40 CFR 1500–1508. Federal Highway Administration Issued on: May 29, 2020. Ralph Rizzo, Division Administrator, Honolulu, HI. Rescinding the Notice of Intent To Prepare Environmental Impact Statement (EIS): South Kohala, Hawaii [FR Doc. 2020–12118 Filed 6–3–20; 8:45 am] BILLING CODE 4910–RY–P Federal Highway Administration (FHWA), DOT. ACTION: Notice to rescind notice of intent (NOI) to prepare an environmental impact statement (EIS). AGENCY: The FHWA is issuing this notice to advise the public that it is rescinding its NOI and will not be preparing an EIS to evaluate alternatives that would support the increase in traffic demands and special needs, including the movement of military and commercial truck traffic between Waimea Town and Kawaihae Harbor in South Kohala in the County of Hawaii. An NOI to prepare an EIS was published in the Federal Register on November 29, 2002. FOR FURTHER INFORMATION CONTACT: Ralph Rizzo, Division Administrator, Federal Highway Administration, 300 Ala Moana Boulevard, Box 50206, Honolulu, Hawaii 96850, Telephone: (808) 541–2700. SUPPLEMENTARY INFORMATION: The FHWA, in cooperation with the State of Hawaii Department of Transportation (HDOT), initiated an EIS with an NOI published in the Federal Register on November 29, 2002, at 67 FR 71231, to prepare an EIS. As part of the EIS, a new highway approximately 14 miles in length, transportation system management, and the no build alternative would have been studied. Improvements were considered necessary to accommodate the anticipated traffic demands, and special needs including heavy truck traffic and military vehicles. The Project would impact a sizable number of historic and archaeological resources due to the sheer number of archaeological sites identified during the survey. Avoidance of all of these sites would be difficult and may not be feasible. Additionally, the cost for the estimated right-of-way and construction would likely be substantial because of limited funding availability. Therefore, HDOT has decided not to pursue the project and the preparation of the EIS is being terminated. khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) VerDate Sep<11>2014 17:24 Jun 03, 2020 Jkt 250001 DEPARTMENT OF TRANSPORTATION Federal Highway Administration Rescinding the Notice of Intent To Prepare Environmental Impact Statement (EIS): Kauai County, Hawaii Federal Highway Administration (FHWA), DOT. ACTION: Notice to rescind notice of intent (NOI) to prepare an environmental impact statement (EIS). AGENCY: The FHWA is issuing this notice to advise the public that it is rescinding its NOI and will not be preparing an EIS for the proposed Kuhio Highway Improvements, Hanamaulu to Kapaa, Kauai County, Hawaii. An NOI to prepare an EIS was published in the Federal Register on June 3, 2002. FOR FURTHER INFORMATION CONTACT: Ralph Rizzo, Division Administrator, Federal Highway Administration, 300 Ala Moana Boulevard, Box 50206, Honolulu, Hawaii 96850, Telephone: (808) 541–2700. SUPPLEMENTARY INFORMATION: The FHWA, in cooperation with the State of Hawaii Department of Transportation (HDOT), initiated an EIS with an NOI published in the Federal Register on June 3, 2002, at 67 FR 38310, to prepare an EIS for the proposed improvements to Kuhio Highway (FAP 56) on the island of Kauai. This notice superseded an earlier notice for the same project published in the October 9, 1992 edition of the Federal Register (57 FR 46620). The Project would impact a sizable number of historical and archaeological resources that were previously identified, including the Wailua Complex of Heiau National Historic Landmark. Additionally, the recent identified Wailua Traditional Cultural Property (TCP), which encompasses the entire Wailua Ahupuaa, would be impacted. This TCP is a highly important spiritual place for many Hawaiians. Given that the Project would include a new highway alignment and a new bridge over Wailua River that would go through the Wailua TCP, a Section 106 adverse effect and Section 4(f) use would likely occur. With no avoidance alternative being possible, mitigation of this adverse effect may not be feasible and prudent given the SUMMARY: PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 34487 historical, cultural and religious significance of the area. Because of the anticipated adverse impacts to archaeological and historical resources, impacts to wetlands and endangered species, and the estimated right-of-way and construction costs, HDOT has determined that the project, as currently configured and envisioned, is not warranted at this time. Therefore, the preparation of the EIS is being terminated. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) Authority: 23 U.S.C. 139, 23 CFR 771, and 40 CFR 1500–1508. Issued on: May 29, 2020. Ralph Rizzo, Division Administrator, Honolulu, HI. [FR Doc. 2020–12114 Filed 6–3–20; 8:45 am] BILLING CODE 4910–RY–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2010–0025] Petition for Waiver of Compliance Under part 211 of title 49 Code of Federal Regulations (CFR), this document provides the public notice that on May 12, 2020, Copper Basin Railway (CBR) petitioned the Federal Railroad Administration (FRA) to extend its special approval and request a waiver of compliance from certain provisions of the Federal railroad safety regulations contained at 49 CFR part 215, Railroad Freight Car Safety Standards. FRA assigned the petition Docket Number FRA–2010–0025. Specifically, CBR seeks to renew its special approval pursuant to 49 CFR 215.203, Restricted cars, to continue in service 10 open-top hopper cars built in 1958. CBR also seeks relief (not previously granted for these 10 cars) from § 215.303, Stenciling of restricted cars. CBR states that these cars are captive ore cars used to haul ore from the mine at Ray Mine yard, in Ray, Arizona, to the Hayden smelter yard in Hayden, Arizona, in a local unit train with likekind ore cars, never used with hazardous materials or other cars. These cars will not be interchanged with other railroads, and they have been in continuous duty and inspection cycles since their date of manufacture. A copy of the petition, as well as any written communications concerning the E:\FR\FM\04JNN1.SGM 04JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 34488 Federal Register / Vol. 85, No. 108 / Thursday, June 4, 2020 / Notices petition, is available for review online at www.regulations.gov and in person at the U.S. Department of Transportation’s (DOT) Docket Operations Facility, 1200 New Jersey Ave. SE, W12–140, Washington, DC 20590. The Docket Operations Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except Federal Holidays. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested parties desire an opportunity for oral comment and a public hearing, they should notify FRA, in writing, before the end of the comment period and specify the basis for their request. All communications concerning these proceedings should identify the appropriate docket number and may be submitted by any of the following methods: • Website: http:// www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 202–493–2251. • Mail: Docket Operations Facility, U.S. Department of Transportation, 1200 New Jersey Ave. SE, W12–140, Washington, DC 20590. • Hand Delivery: 1200 New Jersey Ave. SE, Room W12–140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. Communications received by July 20, 2020 will be considered by FRA before final action is taken. Comments received after that date will be considered if practicable. Anyone can search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the comment (or signing the document, if submitted on behalf of an association, business, labor union, etc.). Under 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its processes. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at https:// www.transportation.gov/privacy. See also https://www.regulations.gov/ privacyNotice for the privacy notice of regulations.gov. VerDate Sep<11>2014 17:24 Jun 03, 2020 Jkt 250001 Issued in Washington, DC. John Karl Alexy, Associate Administrator for Railroad Safety, Chief Safety Officer. [FR Doc. 2020–12014 Filed 6–3–20; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2003–15010] Petition for Waiver of Compliance Under part 211 of title 49 Code of Federal Regulations (CFR), this document provides the public notice that on May 19, 2020, Canadian Pacific Railway Company (CP) petitioned the Federal Railroad Administration (FRA) to modify a waiver of compliance from certain provisions of the Federal railroad safety regulations contained at 49 CFR part 241, United States Locational Requirement for Dispatching of United States Rail Operations. FRA assigned the petition Docket Number FRA–2003–15010. Specifically, CP requests relief from 49 CFR 241.7(c), Fringe border dispatching, which would allow Canadian dispatching from CP’s Operations Center located in Calgary, Alberta, Canada (CP Calgary OC) for the recently acquired Central Maine and Que´bec Railway (CMQR) track segments on the Newport Subdivision within the U.S. The Newport Subdivision starts near Brookport, Quebec, Canada, and ends near Newport, Vermont, U.S., crossing the U.S./Canada border at three separate locations. In Canada, the Newport Subdivision connects to CMQR’s Adirondack and Sherbrooke Subdivisions in Brookport, Quebec, Canada. This relief would apply to two track segments totaling 23.44 miles of the CMQR Newport Subdivision within the U.S. In support of its petition, CP states that all trains operated in the U.S. will be under the control of a single crew, barring unforeseen circumstances, and that dispatching will be provided by train dispatchers that are bilingual in French and English to allow train crews to communicate with dispatchers in their primary language. CP also explains that dispatching will be transferred to a U.S. carrier at the point or yard where the interchange takes place. It further states that allowing the U.S. track segments of the Newport Subdivision to be under the control of the same operations center would allow for consistent procedures and oversight for the involved crews and train operations. PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 A copy of the petition, as well as any written communications concerning the petition, is available for review online at www.regulations.gov and in person at the U.S. Department of Transportation’s (DOT) Docket Operations Facility, 1200 New Jersey Ave. SE, W12–140, Washington, DC 20590. The Docket Operations Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except Federal Holidays. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested parties desire an opportunity for oral comment and a public hearing, they should notify FRA, in writing, before the end of the comment period and specify the basis for their request. All communications concerning these proceedings should identify the appropriate docket number and may be submitted by any of the following methods: • Website: http:// www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 202–493–2251. • Mail: Docket Operations Facility, U.S. Department of Transportation, 1200 New Jersey Ave. SE, W12–140, Washington, DC 20590. • Hand Delivery: 1200 New Jersey Ave. SE, Room W12–140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. Communications received by July 20, 2020 will be considered by FRA before final action is taken. Comments received after that date will be considered if practicable. Anyone can search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the comment (or signing the document, if submitted on behalf of an association, business, labor union, etc.). Under 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its processes. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at https:// www.transportation.gov/privacy. See also https://www.regulations.gov/ privacyNotice for the privacy notice of regulations.gov. E:\FR\FM\04JNN1.SGM 04JNN1

Agencies

[Federal Register Volume 85, Number 108 (Thursday, June 4, 2020)]
[Notices]
[Pages 34487-34488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12014]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2010-0025]


Petition for Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on May 12, 2020, Copper Basin 
Railway (CBR) petitioned the Federal Railroad Administration (FRA) to 
extend its special approval and request a waiver of compliance from 
certain provisions of the Federal railroad safety regulations contained 
at 49 CFR part 215, Railroad Freight Car Safety Standards. FRA assigned 
the petition Docket Number FRA-2010-0025.
    Specifically, CBR seeks to renew its special approval pursuant to 
49 CFR 215.203, Restricted cars, to continue in service 10 open-top 
hopper cars built in 1958. CBR also seeks relief (not previously 
granted for these 10 cars) from Sec.  215.303, Stenciling of restricted 
cars.
    CBR states that these cars are captive ore cars used to haul ore 
from the mine at Ray Mine yard, in Ray, Arizona, to the Hayden smelter 
yard in Hayden, Arizona, in a local unit train with like-kind ore cars, 
never used with hazardous materials or other cars. These cars will not 
be interchanged with other railroads, and they have been in continuous 
duty and inspection cycles since their date of manufacture.
    A copy of the petition, as well as any written communications 
concerning the

[[Page 34488]]

petition, is available for review online at www.regulations.gov and in 
person at the U.S. Department of Transportation's (DOT) Docket 
Operations Facility, 1200 New Jersey Ave. SE, W12-140, Washington, DC 
20590. The Docket Operations Facility is open from 9 a.m. to 5 p.m., 
Monday through Friday, except Federal Holidays.
    Interested parties are invited to participate in these proceedings 
by submitting written views, data, or comments. FRA does not anticipate 
scheduling a public hearing in connection with these proceedings since 
the facts do not appear to warrant a hearing. If any interested parties 
desire an opportunity for oral comment and a public hearing, they 
should notify FRA, in writing, before the end of the comment period and 
specify the basis for their request.
    All communications concerning these proceedings should identify the 
appropriate docket number and may be submitted by any of the following 
methods:
     Website: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Ave. SE, W12-140, Washington, DC 20590.
     Hand Delivery: 1200 New Jersey Ave. SE, Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.
    Communications received by July 20, 2020 will be considered by FRA 
before final action is taken. Comments received after that date will be 
considered if practicable.
    Anyone can search the electronic form of any written communications 
and comments received into any of our dockets by the name of the 
individual submitting the comment (or signing the document, if 
submitted on behalf of an association, business, labor union, etc.). 
Under 5 U.S.C. 553(c), DOT solicits comments from the public to better 
inform its processes. DOT posts these comments, without edit, including 
any personal information the commenter provides, to 
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the 
privacy notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2020-12014 Filed 6-3-20; 8:45 am]
BILLING CODE 4910-06-P